The subject of marijuana is a blazing one, causing controversy among states and voters alike for nearly 80 years, since its official prohibition through the Marijuana Tax Act of 1937. Whether
or not to legalize it, or decriminalize in some cases, has become such a widespread topic of conversation that it has spurred mul- tiple advocacy groups into existence, and provoked many an ar- gument. Show-Me Cannabis, a locally-based advocacy group, has been spreading their pro-legalization message through debates, town hall meetings, and media campaigns since 2011.
“We really feel that it [marijuana legalization] has always been an important issue to address due to the fact that we’re wasting law enforcement resources on this,” Executive Director of Show- Me Cannabis John Payne said. “You know, we’re using those forces to make arrests for nonviolent marijuana offenses when we could be, and should be, making arrests for violent crimes elsewhere.”
To bring his group’s views directly to the people, Payne partici- pated in a public debate with Sgt. Jason Grellner, who is also the Vice President of the National Narcotics Officers Association, on Dec. 18, 2013 at the Ethical Society of St. Louis. Being vehe- mently opposed to the legalization of marijuana, Grellner felt
that it was important to participate in the debate so that another point of view be presented as well.
“While their efforts are certainly appreciated, Missouri is very conservative,” Grellner said. “Missouri is known as the ‘Show- Me state’ for a reason, you know, we like to see things in practice in other places for quite some time before we adopt it here and see that it works, and have other people work the kinks out of it before we do things.”
Payne believes that the policy in place now to prohibit mari- juana use, possession, and/or distribution in either Missouri
or the United States is ineffective, and that the next step is to either put into effect a new, stronger policy, or to go ahead and legalize it. He also believes that the prohibition of marijuana is extremely similar to the prohibition of alcohol, and that since the similar policy was proven ineffective in the past, it is time for a change.
“When it’s legalized it can be taxed and regulated, similarly to alcohol or tobacco, and you can monitor it a whole lot better,” Payne said. “About half of our population is in favor of legalization and the 40 percent that oppose, with the remaining 10 percent being somewhat indifferent, aren’t really even that opposed. They’re starting to see the need for a change in policy, and that’s where groups like Show-Me Cannabis come in. We’re working to get that change-ball rolling for Missouri.”
Grellner, however, believes that to legalize marijuana would be detrimental to society. He believes that the public’s perception of the harm caused by a substance is directly related to the use of said substance, meaning that the increase of teenage use of alcohol or tobacco is due to their legality and therefore being perceived as “safe.”
“I think what you’re going to see, in the months and years to come, out of Colorado and Washington, is an ill-fated plan that doesn’t work, that causes a lot more social harms than it does good,” Grellner said. “You know, when you look at the social harms of cigarettes and the social harms of alcohol, I really don’t understand why you would add another substance to that list.”
State Representative Rory Ellinger agrees with Grellner in that he opposes legalization, but agrees with Show-Me Cannabis that something must be changed. During the 2013 session, Ellinger introduced a bill that would decriminalize small amounts of marijuana for adults, but the bill died in committee. He has since then filed two new bills on Jan. 13, one that would legalize medical marijuana and one that would decriminalize marijuana for adults; “adults” referring to individuals 21 years of age and older. Decriminalization is when a substance is still technically illegal, but the consequences are not nearly as intense for small amounts. The decriminalization of marijuana would allow for
a misdemeanor charge to be expunged from an individual’s record, meaning that it could be removed by a judge for a small fine or community service. Ellinger feels that to decriminal-
ize would be more fair than prohibition, but to fully legalize marijuana would be impractical due to Missouri’s conservative nature.
“In my opinion, one mistake shouldn’t have to stay on a person’s record the rest of their life,” Ellinger said. “I’m a lawyer,
John Payne debates the decriminalization of cannabis with Sgt. Ja- son Grellner. The debate was held at the Ethical Society of St. Louis, reporter Mandy Murphey moderated. (ashleigh jenkins)
I’ve been a criminal lawyer for 25 years in St. Charles County and I see it all the time — kids coming to me because they can’t get a job as a teacher, or get into medical school because of one mistake they made in high school. It’s very unfair, especially con- sidering that marijuana isn’t as dangerous as tobacco or alcohol, which are both legal substances, that one tiny mistake could ruin someone’s entire career.”
Ellinger first got the idea to seek decriminalization instead of legalization from Criminal Defense Lawyer Dan Viets, who had worked to pass a local ordinance back in 2004 that decriminal- izes the possession of up to 35 grams of marijuana, and another that effectively eliminates punishment for possession of up to 35 grams. Viets is also the Missouri coordinator for NORML (National Organization for Reform of Marijuana Laws) and the Chairman of the Board for Show-Me Cannabis. He feels that it is long past time for Missouri to address the issue of marijuana legalization.
“I deal with people everyday who have been threatened with prison for nonviolent victimless activity,” Viets said. “It’s insane that we even think about putting people in prison for marijuana; we treat people who possess or sell or grow marijuana just like we treat people who commit rape and murder and robbery. We treat people exactly the same for nonviolent victimless mari- juana offenses. It’s absolutely irrational. People will look back
in a few years and say, ‘What the hell were we thinking?’ They’ll say, ‘How in the world could we ever have done such a stupid thing?’ And they’d be right.”
Though there are definitely efforts being made to change how Missouri approaches marijuana, whether through legalization or decriminalization, the future is still a bit uncertain for the Show-Me State.
“Things are changing very quickly,” Grellner said. “Things are happening that no one really thought would ever happen in such a short span of time. We’ll just have to wait and see what hap- pens within the next few months.”
